At a garnishment protection account or P account, the monthly receipt of money is limited to the allowance. The common opinion is that money on the P account above the attachment exemption amount is immediately attached. But that's not true. The money will namely only on a disbursement account rebooked. The payout account is a sub-account of the Pfändungsschutzkonto. In this article you will find out what happens with too much money on the P-Konto and when there is no longer protection against seizure. In addition, we also deal with the topic of unused transfer credit on the P account to the following month. From December 2021 there will be changed case law, which will be advantageous for debtors. In addition, the two topics are often confused.
There are 2 similar cases with different jurisprudence when asking the question "What happens with too much money in the P account?" can easily be confused:
- Your income on the Pfändungsschutzkonto is higher than the tax-free amount. For example, you have 2,100 € income and an allowance of 1,340 € (allowance 2022 for singles without maintenance obligations). How the surplus is treated is explained in the chapter "What happens with too much money in the P account?" described
- On the other hand, if you unused credit on the P account below the garnishment exemption to the next month, you can jump directly to the section here.
Once the P-Konto allowance is exceeded, things usually get dicey and quick but thoughtful action is required. If you want to know what possibilities you have to get your money, you will find out in the article P-account allowance exceeded: "How do I get my money?". There you will receive recommendations for action as well as assessments of the risks for the question "How do I get my money?" if the P-Konto allowance. has been exceeded. There you will find out which switches you can flip and how to get your money.
Current topic: 300 € energy price flat rate (EPP) - too much money on the P-Konto through the subsidy?
In the event of a garnishment of wages, the energy price flat rate (EPP) is not garnished
The Federal Ministry of Finance made it clear that the EPP is exempt from wage garnishment. If you have a wage garnishment going on, no garnishment will take place.
The EPP is not covered by a wage garnishment, since it is not a matter of "wage" or "remuneration" in terms of labor and social security law. The tax classification of the EPP as wages is irrelevant in this respect.Quote from the Federal Ministry of Finance on the EPP (source)
In the case of an account garnishment, the courts decide
If an account is garnished, there is no clear legal regulation on the energy price flat rate.
Possibly the EPP is a one non-transferable claim. In this case, after § 851 I ZPO no garnishment can be made, because non-transferable claims are not garnishable.
There was a similar decision by the Cologne Regional Court in the Corona aid. This non-transferability was derived from the purpose of the Corona aid. The purpose was one legitimate interest - the mitigation of the corona pandemic. It is obvious to make a similar argument here with special protection for households.
In an emergency, this also means that a court must decide whether you (as the debtor) are allowed to keep the money or not.
What you can learn here
- 1 Current topic: 300 € energy price flat rate (EPP) - too much money on the P-Konto through the subsidy?
- 2 What happens with too much money in the P account?
- 3 Credit on the P account below the garnishment exemption amount transferred to the next month
- 4 If you have too much money in the P account, you can protect your money despite seizure
- 5 When does the money in the P account go to the creditor?
- 6 P-account receipt of money higher than the allowance: what to do?
- 7 Quickly answered: Related questions on the topic "What happens with too much money in the P account"
What happens with too much money in the P account?
If you have exceeded the allowance on the P account, the bank will not send the money directly to the creditor. Instead, the money above the exempt amount goes into a separate pot - the disbursement account. Here the money is still protected from access by creditors. However, as a debtor, you cannot access it either. The balance of the payment account is paid out as income to the P account in the next month. If the income in the following month is again above the tax-free amount, the bank keeps the difference via the payment account. If your income does not decrease, the payout account will eventually exceed the allowance. Legally, this is considered "too much money on the P account" and therefore the bank then pays out the excess to the creditors.
What happens with too much money on the P-Konto? - Answer in 2 sentences
If you receive more money than the P-Konto allowance in one month, the money is initially blocked for both parties on the distribution account in the following month. Only when the amount on the distribution account exceeds the allowance, the money goes to the creditor.
Does the excess money flow directly to creditors?
There is only too much money in the P-account and the bank seizes the excess if the payout account has more credit than the exempt amount. Since the garnishment is postponed by moving the money to an additional sub-account, it is also called a Payment Moratorium or deferred payment. The legal basis for the moment "too much money on the P-Konto" provide the para. 835 Code of Civil Procedure and 850k ZPO, which describe what has just been explained in the finest legal German.
To avoid the outflow of excess money, you can claim a higher allowance (P-Konto form), lower your income, or file a Open a new account despite seizurethat serves for your non-essential expenses.
A simple example of what happens with too much money on the P account
For example, if you have an allowance of €1,340 and an income of €2,100 net, €760 will flow into the withdrawal account in the first month. The bank will then only pay out the tax-free amount of €1,340 to your P-Konto.
In the second month, with the same earnings, another €760 flow into the payout account. You will again receive €1,340 on the P-Konto for your living expenses. However, there is now a total of €1,520 (2 x €760) on the payment account, which is above the allowance of €1,340. Therefore, the bank pays the difference of 180 € (1.520 € – 1.340 €) to the creditor.
What happens if the P account cash receipt higher as the allowance is?
If the P-Konto-Gelde input higher than the exempt amount, the money initially flows into a separately managed money pot. this is that disbursement account. The bank does not seize the excess money immediately. Instead, the bank first accumulates the money in the separate money pot. Only when this pot of money exceeds the allowance does the bank seize the money.
The money on the payout account is initially from creditor access protected. However you can don't even have access to it. Instead, it is "paid out" to you as income the following month. If you are below the allowance in the following month, your income will be offset by the money from the payout account increased up to the exempt amount. The remainder remains in the distribution account.
If, in the following month, you again have an incoming payment above the garnishment exemption amount on the P account, the sum on the payment account increases until the amount of money exceeds the exemption amount. The bank pays this surplus to the creditor. This means that twice the allowance (on the P account as a monthly protected incoming payment + the buffer on the payment account) is protected from access by creditors. However, you can only dispose of the simple tax-free amount yourself, since neither the debtor nor the creditor can withdraw money from the payment account.
The following graphic - which was already shown above - illustrates what happens when the Incoming money on the P account higher as the allowance is.
Balance on the P account below the garnishment exemption carried over to the next month
You can transfer unused credit on the P account to the next month. this is that second topic of this post, which you should not confuse with the former. In a way, this is also “too much money in the P account” – because you have more money in the P account than you need to live in one month. The difference to the first case is that when moving balances to the next month below the allowance stay So you only use protected money. Shouldn't that be a problem since the money is protected by the allowance? Unfortunately, things are not that simple. If you Credit on the P account below the garnishment exemption amount want to transfer to the next month, it works like this:
You can only transfer money on the P account amount to the following month a maximum of 3 times. The transferred money is then available at the beginning of the following month. This limit also applies to credit balances below the garnishment exemption amount. If you transfer the money to the following month for the fourth time, it will be attached - even though your income was below the attachment allowance. When the money is available if you have exceeded the P account allowance, you can find out in the linked article.
New regulation since December 1st, 2021
If you receive two salary payments in one month (e.g. due to late payment) the money above the exempt amount is initially blocked. However, you can still use the money in the following 3 months if you stay below the allowance.
This regulation is valid since 1.12.2021 and is included in the § 899 paragraph 2 sentence 1 ZPO to find. With the old regulation (before 1.12.2021) after § 850k paragraph 1 sentence 3 ZPO In the past, savings were only possible for the following month. With the new regulation, it will be easier for debtors to save a reserve. In addition, you as a debtor are better protected even if you receive twice your salary in one month (for example, due to late payment). You can now carry over the double salary for 3 months instead of just one month. However, it is still advisable to withdraw the money, as the bank has often made mistakes when carrying it over to the following months.
Attention: When transferring unused balance on the P-Konto to the next month. From the fourth money transfer to the following month, the bank will also garnish protected credit! In our example, the transfer from month 1 to month 2 in the amount of 50 € will be seized at the change of month from month 4 to month 5, since it has already been transferred three times before.
Example of transferring credit on the P account below the garnishment exemption in the next month
Petra Keller is single and has no other maintenance obligations. She has a P account and would like to save money for a new washing machine because the old one is already making strange noises when spinning. According to garnishment table standing Petra 1.340 € to allowance. Petra works at a building cleaning. Your monthly income is €1,100. Petra is thus below the garnishment exemption and does not have to cede any income to creditors.
If Petra now wants to buy a washing machine, she can set aside some money for this purpose every month. However, Petra should not wait too long before buying. Because if the money is taken over more than three times in the next month, the bank will seize it. The table below shows that Petra can save a maximum of €200 for the washing machine if she saves €50 per month. Everything above this amount will be garnished by the bank. However, according to both the old and the new regulation, it is advisable to withdraw the money immediately at the end of the month in order to avoid problems with the accumulation of credit on the P account.
Be careful when accumulating credit on the P account
Legally, it is possible to accumulate credit on the Pfändungsschutzkonto and carry it over to the following month for three months, according to new regulations from 1.12.2021. You can see this in the table below. However, even under the new regulation, the fourth transfer in the following month to a transfer of the money to the creditors. Provided the bank is honest with you and knows the rules. But more about that later.
The table compares the transfer of credit on the P account to the following month according to the new and old rules.
However, if you want to transfer €50 in the first month and then transfer €50 again to the following month in the following 3 months, there may be confusion as to whether the €50 is from the first, second, third or fourth month. Technically, the bank can easily determine the origin of the money using the FIFO principle (first in first out), but there was Commerzbank P account problems in this regard in the past. The Commerzbank paid the money to the creditors too early. As already described, the new regulation also applies:
It is advisable to withdraw the money before the end of the month in order to avoid problems when transferring funds to the P account in the following month.
In the past, the bank often paid out money to creditors too early. As soon as the deferral period was over, some banks returned the entire surplus to the creditors. Although in reality the amounts came from the second month (the old regulation still applied).
The legal situation is clear. Nevertheless, not all banks adhere to the regulations at the P-Konto. So if you are now wondering, at which bank you can open for a P-Konto without hesitationYou can find our P-Konto bestseller list in another article.
If you have too much money in the P account, you can protect your money despite seizure
If you have too much money on your P-Konto, you should think about how to protect it from the access of creditors. This way you will not get into financial trouble yourself.
In the article "Open an account against garnishment: Open a new account despite garnishment?“ you will learn an alternative way of proceeding to keep your money safe from creditors. In the linked article you will also find instructions on how to use P-accounts from pay center* or N26* P-Konto despite debts. The advantages and disadvantages of banks that offer P accounts without Schufa check can be found in the article "Open a P account – which bank?"
In particular, if your house bank has already rejected the application to open a P account, you will find in the two articles "Open a new account despite seizure?" and "Open a P account – which bank?" alternative options with checking accounts without a Schufa connection.
When does the money in the P account go to the creditor?
To answer the question "When does the money on the P-Konto go to the creditor?", the following cases must be distinguished:
- Your income on the Pfändungsschutzkonto is higher than the tax-free amount. For example, you have 2,100 € income and an allowance of 1,340 € (allowance 2022 for singles without maintenance obligations). In this case, the surplus above the tax-free amount first goes to the distribution account, where it is "parked". The money only goes to the creditor if the payment account exceeds the exempt amount. These are Moratorium amounts under section 900(1) and (2) of the Code of Civil Procedure.
- But even if you have unused credit on the P account below the garnishment exemption to the following month, you must be careful. Because on the fourth carryover to the following month, the money on the P-Konto goes to the creditor. An example of this is a person with an income of €1,100 who saves €50 per month. If this person starts leaving €50 on the P-Konto in January, the amount will not be garnished in February, March and April. However, if she takes the 50 € over to May, the money will go to the creditor. From a legal point of view this is Takeover amounts pursuant to section 899 (2) of the Code of Civil Procedure.
P-account receipt of money higher than the allowance: what to do?
If the money received on the P-Konto is higher than the allowance, the money will flow to the creditor in 2 months at the latest. To avoid this, you could:
- Reduce your income and work less, because the excess money is not available to you anyway
- Increase your tax-free amount. To do this, ask your bank for the P-Konto form and fill it out, preferably together with a debt advice out of.
- Also, you could have one Open a new account despite seizure. If it is an account without Schufa, other creditors will not be informed about it. You use this account for all non-essential expenses or to pay money quickly for a later settlement with creditors in court. You should discuss the procedure with a debt counselor beforehand.
- You can find more tips and more backgrounds and graphics in the post P-account allowance exceeded: "How do I get my money"?
Quickly answered: Related questions on the topic "What happens with too much money in the P account"
If, in the following month, you again have an incoming payment above the garnishment exemption amount on the P account, the sum on the payment account increases until the amount of money exceeds the exemption amount. Only this surplus is paid out to the creditor. In this way, the double allowance is protected from access by creditors. However, you can only dispose of the simple tax-free allowance yourself.
If the exemption amount for P-Konto is exceeded, the money flows into the distribution account. Neither you nor the creditor has access to it. You can only dispose of the money from this account when your monthly income is below the tax-free amount. Alternatively, you can apply for an increase of the tax-free amount in order to get your money from the distribution account in the following month.
You can only have the free amount of money on a P account. Higher cash receipts go to the payout account. You can find the current allowances in this garnishment table on the page “Open a P account: information, tips and tricks”
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